If a Fan purchases something from a Creator this will be governed by this standard Purchase & License Agreement (the Purchase Agreement). All capitalised terms in this Purchase Agreement have the same meaning as in the Terms of Service (the Terms).
If Content or Products are sold on Fannilla™, a Transaction will be concluded. This Purchase Agreement applies to every Transaction. All terms and conditions in addition to or derogating from this Purchase Agreement are expressly excluded, except for the Terms and the Acceptable Use Policy.
The parties to this Purchase Agreement are the Fan and the Creator. Fannilla B.V. facilitates the Transactions and Purchase Agreement but is never a party to the Purchase Agreement.
If the Fan is a Consumer and purchases from a Creator who is a Business User, this Purchase Agreement shall qualify as a consumer purchase as meant in article 7:5 Dutch Civil Code (DCC) (Consumer Purchase). If the Fan is a Consumer and purchases from a Creator who is a Consumer, this Purchase Agreement shall not qualify as a Consumer Purchase.
The Fan and Creator both agree to comply with the Terms and the Acceptable Use Policy in any interaction between each other.
This Purchase Agreement does not affect any rights of the Fan to seek a refund from the Creator based on (national) consumer protection laws.
In case of a Consumer Purchase, the Fan has the right to withdraw from the purchase within 14 days (as meant in article 9 of the European Directive 2011/83/EU and article 6:230o DCC). The articles 2.3 and 2.4 below and article 6:230p DCC contain exceptions to this rule. See also our Refund Policy.
In case of a Consumer Purchase of Content, the Fan expressly requests the Creator to deliver the Content immediately and acknowledges that the Fan thereby loses the right of withdrawal once the Content has been delivered. This consent is requested at checkout.
The Creator gives the Fan a limited and strictly personal license to access and view the Content once the Fan Payment has been made (the License). The License is non-exclusive, non-transferable and non-sublicensable. The License is for viewing purposes only and does not include the right to reproduce, distribute, modify, or use the Content for any (commercial) purposes
The Creator retains all ownership and intellectual property rights in the Content. The Fan agrees to respect these rights. The License remains valid until it expires under article 4.3 or is terminated under article 4.4.
The License will expire automatically if:
The invalidity or unenforceability of any provision of the Purchase Agreement will not affect the validity or enforceability of any other provision of the Purchase Agreement. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and whose interpretation will be as close as possible to the intent of the invalid provision.
A party to this Purchase Agreement is not allowed to assign or transfer any rights and obligations on account of this Purchase Agreement without prior written approval of the other party.
Fannilla B.V. may amend this standard Purchase Agreement. Amendments apply to Transactions concluded after the amended version has been published.
The Fan is aware that for Products that are not suitable to be returned for health and hygiene reasons (e.g. underwear), the Fan cannot invoke the right of withdrawal from the moment the Fan breaks the seal.
The Creator determines the Sales Price for the Content or Products it sells.
Sales Prices shown to Consumers exclude applicable VAT and other taxes. Sales Prices are shown in USD or EUR
By entering into a Transaction, the Fan agrees to pay the Sales Price and where applicable VAT and other taxes and the Creator agrees to fulfil its part of the Transaction (e.g. shipping Products or granting access to Content).
The Fan and Creator authorize Fannilla™ to facilitate the payments relating to any Transaction via third party payment providers.
The payments are transacted in USD or EUR (depending on the countries of residence of the Fan and Creator and the preference of the Creator).
The Fan is requested to first contact Fannilla™ support at help@fannilla.com to attempt resolution before initiating a chargeback.
If a Consumer loses access to paid Content under the first or fourth bullet of this section 4.3 for reasons not attributable to the Fan, the Fan is entitled to a refund of the affected Transaction (for Subscriptions: the current Subscription Period) in accordance with our Refund Policy.
The License is subject to termination by the Creator at any time if the Fan violates this Purchase Agreement, such as misuse or unauthorized distribution of the Content. Upon termination, the Fan must immediately cease viewing the Content and delete or destroy any copies of the Content in their possession.
The Creator guarantees (i) to be the sole and exclusive owner of the Content and/or Products it intends to sell to the Fan, or (ii) to have obtained all necessary rights, licenses, consents or waivers to sell the Content and/or Products to the Fan via Fannilla™.
The Creator remains the owner of all intellectual property rights or licenses owned in relation to the Content and/or Products sold to the Fan. The sale of Content and/or Products via Fannilla™ does not affect the rights of the Creator in relation to their Content and/or Products.
The Fan participating in the Transaction acknowledges and agrees that:
The Purchase Agreement is governed by the laws of the Netherlands. Notwithstanding this choice of law, the Fan is entitled to the protection afforded to him/her by the mandatory laws of his/her country of residence.
Disputes relating to this Purchase Agreement will be submitted to:
In case of a Consumer Purchase and if the Fan is residing in the EU or EEA, the Fan may seek redress through alternative dispute resolution (ADR) bodies in his/her country of residence. A list of certified ADR bodies in EU Member States is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies